Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37255 

§ 500.9 Procedures for the filing of initial 

appeals. 

(a) Any establishment subject to 

Federal inspection or facility under 

voluntary inspection and adversely 

affected by a decision or action of an 

inspector or other Agency employee 

related to an inspection activity 

mandated under the FMIA, PPIA, or 

EPIA or related to voluntary 

reimbursable inspection services 

allowed under the AMA may appeal the 

decision or action. Such initial appeal 

must be made within 30 calendar days 

after receipt of notification of the 

originating contested decision or action. 

It may be supported by any argument or 

evidence that the appellant may wish to 

offer as to why the contested decision or 

action should be reconsidered. 

(b) Any appeal of a decision or action 

of an inspector or other Agency 

employee shall be made to his/her 

immediate supervisor having 

jurisdiction over the subject matter of 

the appeal. 

PART 592—VOLUNTARY INSPECTION 

OF EGG PRODUCTS 

■ 17. The authority citation for part 592 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 18. Revise § 592.400 to read as 

follows: 

§ 592.400 How to file an appeal. 

Any person receiving inspection 

service may, if dissatisfied with any 

decision or action of an inspector or 

other Agency employee relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. 

§§ 592.410 through 592.440 [Removed] 

■ 19. Remove §§ 592.410 through 

592.440. 

Done in Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2021–14947 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0569; Project 

Identifier MCAI–2020–01692–T] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Dassault Aviation Model FALCON 7X, 

FALCON 900EX, and FALCON 2000EX 

airplanes. This proposed AD was 

prompted by a report of a manufacturing 

issue involving misalignment of a cabin 

seat pin and plate that can prevent the 

recline locking mechanism from 

properly engaging when the seat is in 

taxi, take-off, or landing position. This 

proposed AD would require an 

inspection of certain cabin seats for 

discrepancies and corrective action, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by August 30, 

2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For EASA material that will be 

incorporated by reference (IBR) in this 

AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; 

telephone +49 221 8999 000; email 

ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

IBR material on the EASA website at 

https://ad.easa.europa.eu. You may 

view this IBR material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0569. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0569; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this NPRM, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3226; email 

tom.rodriguez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0569; Project Identifier 

MCAI–2020–01692–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposed 

AD. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 


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37256 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Tom Rodriguez, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3226; email tom.rodriguez@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2020–0284, 

dated December 18, 2020 (EASA AD 

2020–0284) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for all Dassault 

Aviation Model FALCON 7X, FALCON 

900EX, and FALCON 2000EX airplanes. 

This proposed AD was prompted by 

a report of a manufacturing issue 

involving misalignment of a seat pin 

and plate which can prevent the recline 

locking mechanism from properly 

engaging when the seat is in taxi, takeoff, or landing position. The FAA is 

proposing this AD to address cabin seats 

having improper or no engagement of 

the recline locking mechanism during 

taxi, take-off, or landing, which could 

result in reduced seat performance 

under crash loads and possible injury to 

seat occupants. See the MCAI for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0284 describes 

procedures for an inspection of certain 

cabin seats for discrepancies (a gap 

between the seat pin and plate), and 

corrective action (adjustment, 

deactivation, or repair), as applicable. 

EASA AD 2020–0284 also prohibits 

installation of certain cabin seats. This 

material is reasonably available because 

the interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is proposing this AD 

because the FAA evaluated all the 

relevant information and determined 

the unsafe condition described 

previously is likely to exist or develop 

in other products of the same type 

design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2020–0284 described 

previously, as incorporated by 

reference, except for any differences 

identified as exceptions in the 

regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use certain civil aviation authority 

(CAA) ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, EASA AD 2020–0284 

will be incorporated by reference in the 

FAA final rule. This proposed AD 

would, therefore, require compliance 

with EASA AD 2020–0284 in its 

entirety, through that incorporation, 

except for any differences identified as 

exceptions in the regulatory text of this 

proposed AD. Using common terms that 

are the same as the heading of a 

particular section in EASA AD 2020– 

0284 does not mean that operators need 

comply only with that section. For 

example, where the AD requirement 

refers to ‘‘all required actions and 

compliance times,’’ compliance with 

this AD requirement is not limited to 

the section titled ‘‘Required Action(s) 

and Compliance Time(s)’’ in EASA AD 

2020–0284. Service information 

specified in EASA AD 2020–0284 that is 

required for compliance with it will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0569 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 565 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

1 work-hour × $85 per hour = $85 .............................................................................................. None .............. $85 $48,025 

The FAA estimates the following 

costs to do any necessary on-condition 

adjustments or deactivations that would 

be required based on the results of any 

required actions. The FAA has no way 

of determining the number of aircraft 

that might need these on-condition 

actions: 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per 

product 

1 work-hour × $85 per hour = $85 .......................................................................................................................... $0 $85 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition repairs specified in 

this proposed AD. 

According to the manufacturer, some 

or all of the costs of this proposed AD 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37257 

may be covered under warranty, thereby 

reducing the cost impact on affected 

operators. The FAA does not control 

warranty coverage for affected operators. 

As a result, the FAA has included all 

known costs in the cost estimate. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Dassault Aviation: Docket No. FAA–2021– 

0569; Project Identifier MCAI–2020– 

01692–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by August 30, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Dassault Aviation 

Model FALCON 7X, FALCON 900EX, and 

FALCON 2000EX airplanes, certificated in 

any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/Furnishings. 

(e) Reason 

This AD was prompted by a report of a 

manufacturing issue involving misalignment 

of a seat pin and plate that can prevent the 

recline locking mechanism from properly 

engaging when the seat is in taxi, take-off, or 

landing position. The FAA is issuing this AD 

to address cabin seats having improper or no 

engagement of the recline locking mechanism 

during taxi, take-off, or landing, which could 

result in reduced seat performance under 

crash loads and possible injury to seat 

occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2020–0284, dated 

December 18, 2020 (EASA AD 2020–0284). 

(h) Exceptions to EASA AD 2020–0284 

(1) Where EASA AD 2020–0284 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2020–0284 does not apply to this AD. 

(3) Where paragraph (2) of EASA AD 2020– 

0284 specifies action if ‘‘any discrepancy’’ is 

detected for this AD, a discrepancy is a gap 

between the seat pin and plate. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0284 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Dassault Aviation’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(k) Related Information 

(1) For information about EASA AD 2020– 

0284, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may find 

this EASA AD on the EASA website at 

https://ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0569. 

(2) For more information about this AD, 

contact Tom Rodriguez, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3226; email tom.rodriguez@

faa.gov. 

Issued on July 9, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–14965 Filed 7–14–21; 8:45 am] 

BILLING CODE 4910–13–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS